BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1821
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     AB 1821 (Ma) - As Amended:  March 25, 2010 

          Policy Committee:                              P.E.R. &  
          S.S.Vote:    4-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill raises the oldest and lowest level pre-retirement  
          death benefits in CalPERS' 1959 Survivor Benefit Program by  
          merging surplus assets and the participants in the two original  
          pools into the third level pool. Specifically, the bill:

          1)Merges, beginning on July 1, 2011, the assets and liabilities  
            of the survivor benefit programs in the first level and second  
            level pools into the third level pool.

          2)Increases the benefits for participants in the 1st and 2nd  
            benefit levels to those of the 3rd level.

          3)Authorizes CalPERS to suspend the $2 monthly employee premium  
            if the CalPERS board determines that the combined pool  
            contains surplus funds. 
           
           FISCAL EFFECT
           
          1)No direct costs to employers or employees of CalPERs  
            contracting agencies. Decrease in a projected actuarial  
            surplus in the survivor benefit program, due to the increased  
            benefits for survivors in the first two benefit levels.   
            However, the projected surplus for the combined pool would  
            remain above $58 million - and total assets of the merged pool  
            are expected to be more than three times needed to fund  
            projected benefits. 

          2)Administrative costs to CalPERs to merge the survivor benefit  
            pools are minor and absorbable.









                                                                  AB 1821
                                                                  Page  2

           COMMENTS
           
           1)Background  . The 1959 Survivor Benefit was created in 1959 as a  
            substitute for Social Security for survivors of state and  
            school employees who die prior to retirement.  The benefit is  
            paid for employees who are not included in Social Security and  
            who die while in active service prior to retirement. The  
            benefit is only paid when the employee dies due to non-work  
            related causes, as workers that die from employment related  
            causes are covered through other programs.

            The benefits are set in statute and do not rise over time with  
            inflation. Instead, the state has created higher tiers of  
            benefits over the years. Currently there are five benefit  
            levels. As an example of the differences in benefit levels, a  
            surviving spouse with two children would receive $430 per  
            month under the first level benefit, $538 per month under the  
            second level benefit, $840 per month under the third level  
            benefit, and $1,500 per month under levels four and five. The  
            first two levels have a combined total of 13,000 participants  
            and have been closed to new employees since 1994. The third  
            level has 46,000 participants and has been closed since 2001

            An actuarial valuation of the program showed that the first  
            two level pools have large surpluses - despite the recent  
            market downturn. In the case of the first level benefit,  
            projected assets in the pool are more than 10 times the amount  
            needed to cover projected payments.

           2)Rationale  . This bill is sponsored by CalPERS for the purpose  
            of using surpluses in the first and second level pools to  
            raise benefits to more realistic levels and to provide more  
            stability to the level 3 pool. Merging the pools and paying  
            the third-level survivor benefit would provide a needed  
            cost-of-living increase to participants in the first and  
            second level pools, and provide added stability to the  
            combined pool. CalPERS also notes that, under law, surplus  
            assets in the Survivor Benefit program can only be used for  
            the benefit of its members. 
           
           Analysis Prepared by :    Brad Williams / APPR. / (916) 319-2081